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					                                CONSTITUTION
                         OF THE REPUBLIC OF BULGARIA

Prom. SG 56/13 Jul 1991, amend. SG 85/26 Sep 2003, SG 18/25 Feb 2005,
 SG 27/31 Mar 2006, SG 78/26 Sep 2006 - Constitutional Court Judgment
                     No.7/2006 , SG 12/6 Feb 2007




We, the Members of the Seventh Grand National Assembly, guided by our desire to
express the will of the people of Bulgaria, by pledging our loyalty to the universal
human values of liberty, peace, humanism, equality, justice and tolerance;
by holding as the highest principle the rights, dignity and security of the individual;
in awareness of our irrevocable duty to guard the national and state integrity of
Bulgaria,
hereby proclaim our resolve to create a democratic and social state, governed by the
rule of law, by establishing this


                                   CONSTITUTION

                                  Chapter one
                            FUNDAMENTAL PRINCIPLES


Art. 1.
(1) Bulgaria shall be a republic with a parliamentary form of government.
(2) The entire power of the State shall derive from the people. The people shall
exercise this power directly and through the bodies established by this Constitution.
(3) No part of the people, no political party nor any other organization, state
institution or individual shall usurp(узурпира) the expression of the popular
sovereignty(върховна власт).

Art. 2.
(1) The Republic of Bulgaria shall be an unitary State with local self-government. No
autonomous(независими) territorial formations shall be allowed to exist therein.
(2) The territorial integrity(цялост) of the Republic of Bulgaria shall be
inviolable(неприкосновен).

Art. 3.
Bulgarian shall be the official language of the Republic.

Art. 4.
(1) The Republic of Bulgaria shall be a State governed by the rule of law. It shall be
governed by the Constitution and the laws of the country.
(2) The Republic of Bulgaria shall guarantee the life, dignity and rights of the
individual and shall create conditions conducive to the free development of the
individual and of civil society.
(3) (new, SG 18/05) Republic of Bulgaria shall participate in the building and
development of the European Union.
Art. 5.
(1) The Constitution shall be the supreme law, and no other law shall
contravene(противореча) it.
(2) The provisions of the Constitution shall apply directly.
(3) No one shall be convicted(обвинен) for action or inaction which at the time it
was committed, did not constitute a crime.
(4) International treaties(договори) which have been ratified in accordance with the
constitutional procedure, promulgated(обрародвани) and having come into force
with respect to the Republic of Bulgaria, shall be part of the legislation of the State.
They shall have primacy(превъзходство) over any conflicting provision of the
domestic(вътрешно) legislation.
(5) All legislative acts shall be promulgated and shall come into force three days
after the date of their publication unless otherwise envisaged(предвидено) by the
acts themselves.

Art. 6.
(1) All persons are born free and equal in dignity and rights.
(2) All citizens* shall be equal before the law. There shall be no privileges or
restriction of rights on the
grounds of race, national or social origin, ethnic self-identity, sex, religion,
education, opinion, political affiliation, personal or social status or property status.

* The term "citizens" refers to all individuals to whom this Constitution applies.


Art. 7.
The State shall be held liable for any damages caused by unlawful acts or actions on
the part of its agencies and officials.

Art. 8.
The power of the State shall be divided between legislative(законодателна),
executive(изпълнителни) and judicial(съдебни) branches.

Art. 9.
(1) (Prev. text of art. 9- SG 12/07, in force from 1 January 2008) The armed forces
shall guarantee the sovereignty, security and independence of the country and shall
defend its territorial integrity.
(2) (New-SG 12/07, in force from 1 January 2008) The activity of the armed forces
shall be established by law.

Art. 10.
All elections, and national and local referendums shall be held on the basis of
universal, equal and direct suffrage(избирателно право, вот) by secret
ballot(гласуване).

Art. 11.
(1) Political activity in the Republic of Bulgaria shall be founded on the principle of
political pluralism.
(2) No political party or ideology shall be proclaimed(обявени) or affirmed as a party
or ideology of the State.
(3) All parties shall facilitate the formation and expression of the citizens' political
will. The procedure applying to the formation and dissolution(разпадане) of political
parties and the conditions pertaining(отнасящи се) to their activity shall be
established by law.
(4) There shall be no political parties on ethnic, racial or religious lines, nor parties
which seek the violent seizure of state power.

Art. 12.
(1) Associations of citizenss shall serve to meet and safeguard(предпазят) their
interests.

(2) Associations, including trade unions, shall not pursue any political objectives, nor
shall they engage in any political activity which is in the domain(областта) of the
political parties.

Art. 13.
(1) The practicing of any religion shall be unrestricted.
(2) Religious institutions shall be separate from the State.
(3) Eastern Orthodox Christianity shall be considered the traditional religion in the
Republic of Bulgaria.
(4) Religious institutions and communities, and religious beliefs shall not be used to
political ends.

Art. 14.
The family, motherhood and children shall enjoy the protection of the State and
society.

Art. 15.
The Republic of Bulgaria shall ensure the protection and reproduction of the
environment, the conservation of living Nature in all its variety, and the sensible
utilization of the country's natural and other resources.

Art. 16.
Labour shall be guaranteed and protected by law.

Art. 17.
(1) The right to property and inheritance shall be guaranteed and protected by law.
(2) Property shall be private and public.
(3) Private property shall be inviolable(неприкосновено).
(4) The regime applying to the different units of State and municipal(общинска)
property shall be established by law.
(5) Forcible expropriation(изземване) of property in the name of State or municipal
needs shall be effected only by virtue of a law, provided that these needs cannot be
otherwise met, and after fair compensation has been ensured in advance.

Art. 18.
(1) The State shall enjoy exclusive ownership rights over the underground
resources; beaches and national thoroughfares(улици и пътища), as well as over
waters, forests and parks of national importance, and the natural and archaeological
reserves established by law.
(2) The State shall exercise sovereign rights in prospecting, developing, utilizing,
protecting and managing the continental shelf and the exclusive off-shore economic
zone, and the biological, mineral and energy resources therein.
(3) The State shall exercise sovereign rights with respect to radio frequency
spectrum and the geostationary orbital positions allocated by international
agreements to the Republic of Bulgaria.
(4) A state monopoly shall be establishable by law over railway transport, the
national postal and telecommunications networks, the use of nuclear energy, the
manufacturing of radioactive products, armaments(въоръжаване) and explosive and
powerful toxic substances.
(5) The conditions and procedure by which the State shall grant(субсидира)
concessions(отстъпване) over units of property and licences for the activities
enumerated(изброени) in the preceding two paragraphs shall be established by law.
(6) The State shall utilize(използват) and manage all the state's assets to the
benefit of individual and society.

Art. 19.
(1) The economy of the Republic of Bulgaria shall be based on free economic
initiative.
(2) The State shall establish and guarantee equal legal conditions for economic
activity to all citizens and legal entities(единици) by preventing any abuse of a
monopoly status and unfair competition, and by protecting the consumer.
(3) All investments and economic activity by citizens and legal entities shall enjoy
the protection of the law.
(4) The law shall establish conditions conducive(благоприятен) to the setting up of
cooperatives and other forms of association of citizens and legal entities in the
pursuit of economic and social prosperity.

Art. 20.
The State shall establish conditions conducive to the balanced development of the
different regions of the country, and shall assist the territorial bodies and activities
through its fiscal, credit and investment policies.

Art. 21.
(1) Land, as a chief(главен) national asset, shall enjoy particular protection on the
part of the State and society.
(2) Arable(обработваема) land shall be used for agricultural purposes only. Any
change in purposes shall be allowed only in exceptional circumstances, when
necessity has been proven, and on terms and by a procedure established by a law.

Art. 22
(1) (amend., SG 18/05,in force from 1 January 2007) Foreigners and foreign legal
entities may acquire property over land under the conditions ensuing from Bulgaria's
accession to the European Union, or by virtue of an international treaty that has
been ratified, promulgated and entered into force for the Republic of Bulgaria, as well
as through inheritance by operation of the law.
(2) The law ratifying the international treaty referred to in para 1 shall be adopted by
a majority of two thirds of all members of the Parliament.
(3) The land regime shall be established by law.

Art. 23.
The State shall establish conditions conducive to the free development of science,
education and the arts, and shall assist that development. It shall organize the
conservation of all national monuments of history and culture.

Art. 24.
(1) The Republic of Bulgaria shall conduct its foreign policy in accordance with the
principles and norms of international law.
(2) The foreign policy of the Republic of Bulgaria shall have as its highest objective
the national security and independence of the country, the well-being and the
fundamental rights and freedoms of the Bulgarian citizens, and the promotion of a
just international order.


                                  Chapter two
                              FUNDAMENTAL RIGHTS
                             AND DUTIES OF CITIZENS


Art. 25.
(1) A Bulgarian citizen shall be anyone born of at least one parent holding a
Bulgarian citizenship, or born on the territory of the Republic of Bulgaria, should he
not be entitled to any other citizenship by virtue of origin. Bulgarian citizenship shall
further be acquirable through naturalization.
(2) A citizens of Bulgarian origin shall acquire Bulgarian citizenship through a
facilitated procedure.
(3) No one shall be deprived of Bulgarian citizenship acquired by birth.
(4) (amend., SG 18/05) No Bulgarian citizen may be surrendered to another State or
to an international tribunal for the purposes of criminal prosecution, unless the
opposite is provided for by international treaty that has been ratified, published and
entered into force for the Republic of Bulgaria.
(5) Any Bulgarian citizen abroad shall be accorded the protection of the Republic of
Bulgaria.
(6) The conditions and procedure for the acquiring, preservation or loss of Bulgarian
citizenship shall be established by law.

Art. 26.
(1) Irrespective of where they are, all citizens of the Republic of Bulgaria shall be
vested(натоварен) with all rights and duties proceeding from this Constitution.
(2) Foreigners residing in the Republic of Bulgaria shall be vested with all rights and
obligations proceeding from this Constitution, except those rights and duties for
which Bulgarian citizenship is required by this Constitution or by another law.

Art. 27.
(1) Foreigners residing legally in the country shall not be expelled or
extradited(екстрадиран) to another State against their will, except in accordance
with the provisions and the procedures established by law.
(2) The Republic of Bulgaria shall grant asylum(убежище) to foreigners persecuted
for their opinions or activity in the defence of internationally recognized rights and
freedoms.
(3) The conditions and procedure for the granting of asylum shall be established by
law.

Art. 28.
Everyone shall have the right to life. Any attempt upon a human life shall be
punished as a most severe crime.

Art. 29.
(1) No one shall be subjected to torture or to cruel, inhuman or degrading treatment,
or to forcible assimilation.
(2) No one shall be subjected to medical, scientific or other experimentation without
his voluntary written consent(съгласие).

Art. 30.
(1) Everyone shall be entitled to personal freedom and inviolability.
(2) No one shall be detained(задържан) or subjected to inspection, search or any
other infringement(нарушение) of his personal inviolability except on the conditions
and in a manner established by law.
(3) The State authorities shall be free to detain citizens only in the urgent
circumstances expressly stipulated(предвидени) by law, and shall immediately
advise the judicial authorities accordingly. The judicial authorities shall rule on the
legality of a detention within the next 24 hours.
(4) Everyone shall be entitled to legal counsel(допитване) from the moment of
detention or from the moment of being charged.
(5) Everyone shall be entitled to meet his legal counsel in private. The confidentiality
of such communication shall be inviolable.

Art. 31.
(1) Anyone charged with a crime shall be brought before a court within the time
established by law.
(2) No one shall be forced to plead guilty, and no one shall be convicted solely by
virtue of confession.
(3) A defendant shall be considered innocent until proven otherwise by a final
verdict.
(4) The rights of a defendant shall not be restricted beyond what is necessary for the
purposes of a fair trial.
(5) Prisoners shall be kept in conditions conducive to the exercise of those of their
fundamental rights which are not restricted by virtue of their sentence.
(6) Prison sentences shall be served only at the facilities established by law.
(7) There shall be no limitation to the prosecution(завеждане) and the
execution(изпълнение) of a sentence for crimes against peace and humanity.

Art. 32.
(1) The privacy of citizens shall be inviolable. Everyone shall be entitled to protection
against any unlawful interference in his private or family affairs and against
encroachments(посегателства) on his honour, dignity and reputation.
(2) No one shall be followed, photographed, filmed, recorded or subjected to any
other similar activity without his knowledge or despite his express disapproval,
except when such actions are permitted by law.

Art. 33.
(1) The home shall be inviolable. No one shall enter or stay inside a home without its
occupant's consent, except in the cases expressly stipulated by law.
(2) Entry or stay inside a home without the consent of its occupant or without the
judicial authorities' permission shall be allowed only for the purposes of preventing
an immediately impending(предстоящо) crime or a crime in progress, for the
capture of a criminal, or in extreme necessity.

Art. 34.
(1) The freedom and confidentiality of correspondence and all other communications
shall be inviolable.
(2) Exceptions to this provision shall be allowed only with the permission of the
judicial authorities for the purpose of discovering or preventing a grave crime.
Art. 35.
(1) Everyone shall be free to choose a place of residence and shall have the right to
freedom of movement in the territory of the country and to leave the country. This
right shall be restricted only by virtue of law in the name of national security, public
health, and the rights and freedoms of other citizens.
(2) Every Bulgarian citizen shall have the right to return to the country.

Art. 36.
(1) The study and use of the Bulgarian language shall be a right and an obligation of
every Bulgarian citizen.
(2) Citizens whose mother tongue is not Bulgarian shall have the right to study and
use their own language alongside the compulsory study of the Bulgarian language.
(3) The situations in which only the official language shall be used shall be
established by law.

Art. 37.
(1) The freedom of conscience, the freedom of thought and the choice of religion and
of religious or atheistic views shall be inviolable. The State shall assist the
maintenance of tolerance and respect among the believers from different
denominations, and among believers and non-believers.
(2) The freedom of conscience and religion shall not be practised to the
detriment(вреда) of national security, public order, public health and morals, or of
the rights and freedoms of others.

Art. 38.
No one shall be persecuted or restricted in his rights because of his views, nor shall
be obligated or forced to provide information about his own or another person's
views.

Art. 39. (1) Everyone shall be entitled to express an opinion or to publicize it
through words, written or oral, sound or image, or in any other way.
(2) This right shall not be used to the detriment of the rights and reputation of
others, or for the incitement of a forcible change of the constitutionally established
order, the perpetration(извършване) of a crime, or the incitement(провокиране) of
enmity(враждебност) or violence against anyone.

Art. 40.
(1) The press and the other mass information media shall be free and shall not be
subjected to censorship.
(2) An injunction on or a confiscation of printed matter or another information
medium shall be allowed only through an act of the judicial authorities in the case of
an encroachment(посегателство) on public decency or incitement of a forcible
change of the constitutionally established order, the perpetration of a crime, or the
incitement of violence against anyone. An injunction(razporeditelna) suspension shall
lose force if not followed by a confiscation within 24 hours.

Art. 41.
(1) Everyone shall be entitled to seek, obtain and disseminate(разпространява)
information. This right shall not be exercised to the detriment(вреди) of the rights
and reputation of others, or to the detriment of national security, public order, public
health and morality.
(2) Everyone shall be entitled to obtain(получи) information from state bodies and
agencies on any matter of legitimate interest to them which is not a state or official
secret and does not affect the rights of others.

Art. 42.
(1) Every citizen above the age of 18, with the exception of those placed under
judicial interdiction(запрещение) or serving a prison sentence, shall be free to elect
state and local authorities and vote in referendums.
(2) The organization and procedure for the holding of elections and referendums
shall be established by law.
(3) (new, SG 18/05) The elections for Members of the European Parliament and the
participation of European Union citizens in the elections for local authorities shall be
regulated by law.

Art. 43.
(1) All citizens shall have the right to peaceful and unarmed assembly(събиране) for
meetings and demonstrations.
(2) The procedure for the organizing and holding of meetings and demonstrations
shall be established by law.
(3) No notice to the municipal authorities shall be required for meetings held indoors.

Art. 44.
(1) All citizens shall be free to associate.
(2) The organization/s activity shall not be contrary to the country's sovereignty and
national integrity, or the unity of the nation, nor shall it incite racial, national, ethnic
or religious enmity(враждебност) or an encroachment on the rights and freedoms of
citizens; no organization shall establish clandestine(нелегален) or paramilitary
(паравоенни)structures or shall seek to attain(постигнат) its aims through violence.
(3) The law shall establish which organizations shall be subject to registration, the
procedure for their termination, and their relationships with the State.

Art. 45.
All citizens shall have the right to lodge(да подават) complaints, proposals and
petitions with the state authorities.

Art. 46.
(1) Matrimony shall be a free union between a man and a woman. Only a civil
marriage shall be legal.
(2) Spouses shall have equal rights and obligations in matrimony and the family.
(3) The form of a marriage, the conditions and procedure for its conclusion and
termination, and all private and material relations between the spouses shall be
established by law.

Art. 47.
(1) The raising and upbringing of children until they come of legal age shall be a
right and obligation of their parents and shall be assisted by the State.
(2) Mothers shall be the object of special protection on the part of the State and shall
be guaranteed prenatal and postnatal leave, free obstetric(акущерски) care,
alleviated(облекчени) working conditions and other social assistance.
(3) Children born out of wedlock(брак) shall enjoy equal rights with those born in
wedlock.
(4) Abandoned children shall enjoy the protection of the State and society.
(5) The conditions and procedure for the restriction or suspension of parental rights
shall be established by law.
Art. 48.
(1) Citizens shall have the right to work. The State shall take care to provide
conditions for the exercising of this right.
(2) The State shall create conditions conducive to the exercising of the right to work
by the physically or mentally handicapped(затруднени).
(3) Everyone shall be free to choose an occupation and place of work.
(4) No one shall be compelled to do forced labour.
(5) Workers and employees shall be entitled to healthy and non-hazardous working
conditions, to guaranteed minimum pay and remuneration(заплащане) for the actual
work performed, and to rest and leave, in accordance with conditions and procedures
established by law.

Art. 49.
(1) Workers and employees shall be free to form trade union organizations and
alliances in defence of their interests related to work and social security.
(2) Employers shall be free to associate in defence of their economic interests.

Art. 50.
Workers and employees shall have the right to strike in defence of their collective
economic and social interests. This right shall be exercised in accordance with
conditions and procedures established by law.

Art. 51.
(1) Citizens shall have the right to social security and social assistance.
(2) The State shall provide social security for the temporarily unemployed in
accordance with conditions and procedures established by law.
(3) The aged without relatives and unable to support themselves, as well as invalids
and the socially weak shall receive special protection from the State and society.

Art. 52.
(1) Citizens shall have the right to medical insurance guaranteeing them affordable
medical care, and to free medical care in accordance with conditions and procedures
established by law.
(2) Medical care shall be financed from the state budget, by employers, through
private and collective health-insurance schemes, and from other sources in
accordance with conditions and procedures established by law.
(3) The State shall protect the health of all citizens and shall promote the
development of sports and tourism.
(4) No one shall be subjected to forcible medical treatment or sanitary measures
except in circumstances established by law.
(5) The State shall exercise control over all medical facilities and over the production
and trade in pharmaceuticals, biologically active substances and medical equipment.

Art. 53.
(1) Everyone shall have the right to education.
(2) School attendance up to the age of 16 shall be compulsory.
(3) Primary and secondary education in state and municipal schools shall be free. In
circumstances established by law, the higher educational establishments shall
provide education free of charge.
(4) Higher educational establishments shall enjoy academic autonomy.
(5) Citizens and organizations shall be free to found schools in accordance with
conditions and procedures established by law. The education they provide shall fit
the requirements of the State.
(6) The State shall promote education by opening and financing schools, by
supporting capable school and university students, and by providing opportunities for
occupational training and retraining. It shall exercise control over all kinds and levels
of schooling.

Art. 54.
(1) Everyone shall have the right to avail himself of the national and universal
human cultural values and to develop his own culture in accordance with his ethnic
self-identification, which shall be recognized and guaranteed by the law.
(2) Artistic, scientific and technological creativity shall be recognized and guaranteed
by the law.
(3) The State shall protect all inventors' rights, copyrights and related rights.

Art. 55.
Everyone shall have the right to a healthy and favorable environment corresponding
to established standards and norms. They shall protect the environment.

Art. 56.
Everyone shall have the right to legal defence whenever his rights or legitimate
interests are violated or endangered. He shall have the right to be accompanied by
legal counsel when appearing before an agency of the State.

Art. 57.
(1) The fundamental civil rights shall be irrevocable(неотменим).
(2) Rights shall not be abused, nor shall they be exercised to the detriment of the
rights or the legitimate interests of others.
(3) Following a proclamation of war, martial law or a state of emergency the exercise
of individual civil rights may be temporarily curtailed(съкратени) by law, except for
the rights established by Art. 28, Art. 29, Art. 31 paras 1, 2 and 3, Art. 32 para 1,
and Art. 37.

Art. 58.
(1) All citizens shall observe and implement the Constitution and the laws. They shall
respect the rights and the legitimate interests of others.
(2) Obligations established by the Constitution and the law shall not be defaulted
upon on grounds of religious or other convictions.

Art. 59.
(1) To defend the country shall be a duty and a matter of honour of every Bulgarian
citizen. High treason(измама) and betrayal of the country shall be treated as crimes
of utmost gravity and shall be punished with all the severity of the law.
(2) (Amend. - SG 12/07, in force from 1 January 2008) The training of the citizens to
defend the country shall be established by law.

Art. 60.
(1) Citizens shall pay taxes and duties established by law proportionately to their
income and property.
(2) Any tax concession or surtax(допълнителен данък) shall be established by law.

Art. 61.
Citizens shall assist the State and society in the case of a natural or other disaster,
on conditions and in a manner established by law.
                                  Chapter three
                               NATIONAL ASSEMBLY


Art. 62.
(1) (Prev. text of art. 62- SG 12/07) The National Assembly shall be vested
with(натоварено с) the legislative authority and shall exercise parliamentary control.
(2) (New - SG 12/07) The National Assembly shall have an independent budget.

Art. 63.
The National Assembly shall consist of 240 members.

Art. 64.
(1) The National Assembly shall be elected for a term of four years.
(2) In case of war, armed hostilities or another state of emergency occurring during
or after the expiry of the National Assembly's term, its mandate shall be extended
until the expiry of the circumstances.
(3) Elections for a new National Assembly shall be held within two months from the
expiry of the mandate of the preceding one.

Art. 65.
(1) Eligible for election to the National Assembly shall be any Bulgarian citizen who
does not hold another citizenship, is above the age of 21, is not under a judicial
interdiction, and is not serving a prison sentence.
(2) A candidate for a National Assembly seat who is in civil service shall suspend its
performance upon the registration of his candidacy.

Art. 66.
The legitimacy of an election may be contested before the Constitutional Court by a
procedure established by law.

Art. 67.
(1) Members of the National Assembly shall represent not only their constituencies
but the entire nation. No Member shall be held to a mandatory mandate.
(2) Members of the National Assembly shall act on the basis of the Constitution and
the laws and in accordance with their conscience and convictions.

Art. 68.
(1) A Member of the National Assembly shall not occupy another state post, nor shall
engage in any other activity which the law defines as incompatible with the status of
a Member of the National Assembly.
(2) A Member of the National Assembly elected as a minister shall cease to serve as
a Member during his term of office as a minister. During that period, he shall be
substituted in the National Assembly in a manner established by law.

Art. 69.
Members of the National Assembly shall not be held criminally liable for their
opinions or votes in the National Assembly.

Art. 70.
(1) (prev. text of art. 70 amend., SG 27/06) A Member of the National Assembly
shall be immune from detention or criminal prosecution except for the perpetration
of an criminal offence, and in such case the permission of the National Assembly or,
in between its session, of the Chairperson of the National Assembly, shall be
required. No permission shall be required when a Member is detained in flagrante
delicto; the National Assembly or, in between its session, the Chairperson of the
National Assembly, shall be notified forthwith.
(2) (new, SG 27/06) No permission for initiating criminal prosecution shall be
required, where the Member of the National Assembly has given his consent thereto
in writing.

Art. 71.
The National Assembly shall establish the emoluments(заплати) of its Members.

Art. 72.
(1) A Member's prerogatives shall expire before the expiry of his term of office upon
any of the following occurrences:
1. resignation presented before the National Assembly;
2. entry into force of a final sentence imposing imprisonment for an intentional
criminal offence, or if the enforcement of the imprisonment sentence has not been
suspended;
3. establishment of ineligibility or incompatibility;
4. death.
(2) Cases referred to in items 1 and 2 shall require a resolution of the National
Assembly; cases referred to in item 3 shall require a ruling by the Constitutional
Court.

Art. 73.
The National Assembly shall be organized and shall act in accordance with the
Constitution and its own internal rules.

Art. 74.
The National Assembly shall be a permanently acting body. It shall be free to
determine its recesses.

Art. 75.
A newly elected National Assembly shall be convened for a first session by the
President of the Republic within a month following its election. Should the President
fail to do so, it shall be convened by one-fifth of the Members of the National
Assembly.

Art. 76.
(1) The first session of the National Assembly shall be opened by the senior present
Member.
(2) At the first session the Members shall swear the following oath: "I swear in the
name of the Republic of Bulgaria to observe the Constitution and the laws of the
country and in all my actions to be guided by the interests of the people. I have
sworn."
(3) The National Assembly shall elect at the same session its Chairperson and
Deputy Chairpersons.

Art. 77.
(1) The Chairperson of the National Assembly shall:
1. represent the National Assembly;
2. propose the agenda for each session;
3. open, chair and close the sessions of the National Assembly and maintain orderly
proceedings;
4. attest by his signature the contents of the acts passed by the National Assembly;
5. promulgate all resolutions, declarations and addresses passed by the National
Assembly;
6. organize the National Assembly's international contacts.
(2) The Deputy Chairpersons of the National Assembly shall assist the Chairperson
and carry out any activities devolved by him.

Art. 78.
The National Assembly shall be convened for its sessions by its Chairperson:
1. on his own initiative;
2. at the request of one-fifth of its members;
3. at the request of the President;
4. at the request of the Council of Ministers.

Art. 79.
(1) The National Assembly shall elect standing and ad hoc committees from among
its Members.
(2) The standing committees shall aid the work of the National Assembly and shall
exercise parliamentary control on its behalf.
(3) Ad hoc committees shall be elected to conduct inqui-ries and investigations.

Art. 80.
Any official or citizen subpoenaed by a parliamentary committee shall be obligated to
testify and present any required documents.

Art. 81.
(1) (amend. - SG 12/07) The National Assembly shall open its sessions and pass
resolutions when more than half of its Members are present.
(2) The National Assembly shall pass laws and other acts by a majority of more than
one-half of the present Members, except when a qualified majority is required by the
Constitution.
(3) Voting shall be personal and open, except when the Constitution requires or the
National Assembly resolves on a secret ballot.

Art. 82.
Sessions of the National Assembly shall be public. The National Assembly may by
exception resolve to hold some sessions behind closed doors.

Art. 83.
(1) Ministers shall be free to attend the sessions of the National Assembly and the
parliamentary committees. They shall be given priority in addressing the Members.
(2) The National Assembly and the parliamentary committees shall be free to order
ministers to attend their sessions and respond to questions.

Art. 84.
The National Assembly shall:
1. pass, amend, supplement, and repeal the laws;
2. pass the state budget and the budget report;
3. (amend. - SG 12/07) establish the taxes and determine the size of the state
taxes;
4. schedule the elections for a President of the Republic;
5. pass resolution on the holding of a national referendum;
6. elect and remove the Prime Minister and, on his motion, the members of the
Council of Ministers; effect changes in the government on a motion from the Prime
Minister;
7. create, transform and close down ministries on a motion from the Prime Minister;
8. elect and remove the Governor of the Bulgarian National Bank and the heads of
other institutions established by law;
9. approve state-loan agreements;
10. resolve on the declaration of war and conclusion of peace;
11. approve any deployment and use of Bulgarian armed forces outside the country's
borders, and the deployment of foreign troops on the territory of the country or their
crossing of that territory;
12. on a motion from the President or the Council of Ministers, introduce martial law
or a state of emergency on all or part of the country's territory;
13. grant amnesty;
14. institute orders and medals;
15. establish the official holidays;
16. (new-SG 27/06, amend. - SG 12/07 ) hold a hearing and recieve the annual
reports of the Supreme Court of Cassation, the Supreme Administrative Court and
the Prosecutor General, submitted by the Supreme Judicial Council, on the
application of the law and on the activities of the courts, the prosecution office and
the investigating bodies;
17. (new-SG 12/07) hold a hearing and pass reports on the activity of bodies, wholly
or partially appointed by the National Assembly, where this is provided by law.

Art. 85.
(1) The National Assembly shall ratify or denounce by law all international treaties
which:
1. are of a political or military nature;
2. concern the Republic of Bulgaria's participation in international organizations;
3. envisage corrections to the borders of the Republic of Bulgaria;
4. contain obligations for the treasury;
5. envisage the State's participation in international arbitration or legal proceedings;
6. concern fundamental human rights;
7. affect the action of the law or require new legislation in order to be enforced;
8. expressly require ratification;
9. (new, SG 18/05) confer to the European Union powers ensuing from this
Constitution.
(2) (new, SG 18/05) The law ratifying the international treaty referred to in para 1,
item 9 shall be adopted by a majority of two-thirds of all members of the Parliament.
(3) (former para 2, SG 18/05) Treaties ratified by the National Assembly may be
amended or denounced only by their built-in procedure or in accordance with the
universally acknowledged norms of international law.
(4) (former para 3, SG 18/05) The conclusion of an international treaty requiring an
amendment to the Constitution shall be preceded by the passage of such an
amendment.

Art. 86.
(1) The National Assembly shall pass laws, resolutions, declarations and addresses.
(2) The laws and resolutions passed by the National Assembly shall be binding on all
state bodies, all organizations and all citizens.

Art. 87.
(1) Any Member of the National Assembly or the Council of Ministers shall have the
right to introduce a bill.
(2) The State Budget Bill shall be drawn up and presented by the Council of
Ministers.

Art. 88.
(1) Bills shall be read and voted upon twice, during different sessions. By way of
exception, the National Assembly may resolve to hold both ballots during a single
session.
(2) All other acts of the National Assembly shall require a single ballot.
(3) Each passed act shall be promulgated in State Gazette within 15 days of being
passed.

Art. 89.
(1) A motion of no confidence in the Council of Ministers shall require seconding by
at least one-fifth of the Members of the National Assembly. To be passed, the motion
shall require a majority of more than half of the votes of all National Assembly
Members.
(2) Should the National Assembly vote no confidence in the Prime Minister or the
Council of Ministers, the Prime Minister shall hand in his government’s resignation.
(3) Should the National Assembly reject a vote of no confidence in the Council of
Ministers, the next motion for a vote of no confidence on the same grounds shall not
be made within six months.

Art. 90.
(1) Members of the National Assembly shall have the right to address questions and
interpellations to the Council of Ministers and to individual ministers, who shall be
obligated to respond.
(2) A motion by one-fifth of the Members of the National Assembly shall be required
to turn an interpellation into a debate on which a resolution shall be passed.

Art. 91.
(1) The National Assembly shall establish a National Audit Office to supervise the
implementation of the budget.
(2) The organization, authority and procedures by which the National Audit Office
shall act shall be established by law.

Art. 91a.
(new, SG 27/06) (1) The National Assembly shall elect an Ombudsman, who shall
defend the rights and freedoms of the citizens.
(2) The powers and activities of the Ombudsman shall be regulated by a law.


                                  Chapter four
                           PRESIDENT OF THE REPUBLIC


Art. 92.
(1) The President shall be the head of State. He shall embody the unity of the nation
and shall represent the State in its international relations.
(2) The President shall be assisted in his actions by a Vice President.

Art. 93.
(1) The President shall be elected directly by the voters for a period of five years by
a procedure established by law.
(2) Eligible for President shall be any natural-born Bulga-rian citizen over 40 years of
age and qualified to be elected to the National Assembly, who has resided in the
country for the five years preceding the election.
(3) To be elected, a candidate shall require more than one-half of the valid ballots,
provided that more than half of all eligible voters have cast their ballots in the
election.
(4) Should none of the candidates for President be elected, a second round vote shall
be held within seven days between the two top candidates. The winner shall be the
candidate who wins the majority of the vote.
(5) A presidential election shall be held not earlier than three months and not later
than two months before the expiry of the term of office of the incumbent President.
(6) The Constitutional Court shall rule upon any challenge to the legality of a
presidential election no later than one month after the election.

Art. 94.
The Vice President shall be elected at the same time and on the same ticket as the
President, on the same conditions and by the same procedure.

Art. 95.
(1) The President and the Vice President shall be eligible for only one re-election to
the same office.
(2) The President and the Vice President shall not serve as Members of the National
Assembly or engage in any other state, public or economic activity, nor shall they
participate in the leadership of any political party.

Art. 96.
The President and the Vice President shall swear before the National Assembly the
oath established by Art. 76 para 2.

Art. 97.
(1) The President's or Vice President's authority shall expire before the expiry of his
term of office upon any of the following occurrences:
1. resignation submitted before the Constitutional Court;
2. permanent de facto inability to perform his duties caused by grave illness;
3. pursuant to Art. 103.
4. death;
(2) In the cases referred to in items 1 and 2, the prerogatives of the President or
Vice President shall be suspended upon the Constitutional Court’s establishing the
existence of the respective circumstances;
(3) In the cases referred to in para 1, the Vice President shall assume the duties of
the President until the expiry of the term of office.
(4) Should the Vice President be incapable of assuming the President's duties, the
President's prerogatives shall be assumed by the Chairperson of the National
Assembly until the election of a new President and Vice President. Elections for
President and Vice President shall then be held within two months.

Art. 98.
The President of the Republic shall:
1. schedule the elections for a National Assembly and for the bodies of local self-
government and shall set the date for national referendums pursuant to a resolution
of the National Assembly;
2. address the nation and the National Assembly;
3. conclude international treaties in the circumstances established by the law;
4. promulgate the laws;
5. on a motion from the Council of Ministers, determine the borders of the
administrative territorial units and their centers;
6. on a motion from the Council of Ministers, appoint and remove the heads of the
Republic of Bulgaria's diplomatic and permanent missions at international
organizations, and receive the credentials and the letters of recall of the foreign
diplomatic representatives to this country;
7. appoint and remove from office other state officials, established by law;
8. award orders and medals;
9. grant, restore, relieve from and withdraw Bulgarian citizenship;
10. grant asylum;
11. exercise the right to pardon.
12. cancel uncollectible debts to the State;
13. name landmarks and communities of national importance;
14. inform the National Assembly on basic problems within his prerogatives.

Art. 99.
(1) Following consultations with the parliamentary groups, the President shall
appoint the Prime Minister-designate nominated by the party holding the highest
number of seats in the National Assembly to form a government.
(2) Should the Prime Minister-designate fail to form a government within seven days,
the President shall entrust this task to a Prime Minister-designate nominated by the
second largest parliamentary group.
(3) Should the new Prime Minister-designate also fail to form a government within
the period established by the preceding paragraph, the President shall entrust the
task to a Prime Minister-designate nominated by one of the minor parliamentary
groups.
(4) Should the consultations prove successful, the President shall ask the National
Assembly to elect the Prime Minister-designate.
(5) Should no agreement on the formation of a government be reached, the
President shall appoint a caretaker government, dissolve the National Assembly and
schedule new elections within the period established by Art. 64 para 3. The
President's act on the dissolution of the National Assembly shall also establish the
date of the new general elections.
(6) The procedure for forming a government established by the preceding
paragraphs shall further apply in the cases referred to in Art. 111 para 1.
(7) In the cases referred to in paras 5 and 6, the President shall not dissolve the
National Assembly during the last three months of his term of office. Should
Parliament fail to form a government within the established period, the President
shall appoint a caretaker government.

Art. 100.
(1) The President shall be the Supreme Commander in Chief of the Armed Forces of
the Republic of Bulgaria.
(2) The President shall appoint and remove the higher command of the Armed Forces
and shall bestow all higher military ranks on a motion from the Council of Ministers.
(3) The President shall preside over the Consultative National Security Council, the
status of which shall be established by law.
(4) The President shall proclaim general or partial mobilization on a motion from the
Council of Ministers in accordance with the law.
(5) The President shall proclaim a state of war in the case of an armed attack against
Bulgaria or whenever urgent actions are required by virtue of an international
commitment, or shall proclaim martial law or any other state of emergency
whenever the National Assembly is not in session and cannot be convened. The
National Assembly shall then be convened forthwith to endorse the decision.

Art. 101.
(1) Within the term established by Art. 88 para 3, the President shall be free to
return a bill together with his motives to the National Assembly for further debate,
which shall not be refused.
(2) The new passage of such a bill shall require a majority of more than half of all
Members of the National Assembly.
(3) Following a new passage of the bill by the National Assembly, the President shall
promulgate it within seven days following its receipt.

Art. 102.
(1) Within the prerogatives vested in him, the President shall issue decrees,
addresses and messages.
(2) The President's decrees shall be countersigned by the Prime Minister or the
minister concerned.
(3) No countersigning shall be required for decrees pertaining to:
1. the appointment of a caretaker government;
2. the appointment of a Prime Minister-designate;
3. dissolution of the National Assembly;
4. return of a bill to the National Assembly for further debate;
5. the organization and manner of action of the offices of the Presidency and the
appointment of their staff;
6. the scheduling of an election or referendum;
7. the promulgation of law.

Art. 103.
(1) The President and Vice President shall not be held liable for actions committed in
the performance of their duties, except for high treason, or a violation of the
Constitution.
(2) An impeachment shall require a motion from no fewer than one quarter of all
Members of the National Assembly and shall stand if supported by more than two-
thirds of the Members.
(3) An impeachment against the President or Vice President shall be tried by the
Constitutional Court within a month following the lodging of the impeachment.
Should the Constitutional Court convict the President or Vice President of high
treason, or of a violation of the Constitution, the President's or Vice President's
prerogatives shall be suspended.
(4) No one shall place the President or the Vice President under detention, nor shall
initiate criminal prosecution against them.

Art. 104.
The President shall be free to devolve to the Vice President the prerogatives
established by Art. 98 items 7, 9, 10 and 11.


                                 Chapter five
                             COUNCIL OF MINISTERS


Art. 105.
(1) The Council of Ministers shall direct and conduct State's domestic and foreign
policy in accordance with the Constitution and the laws.
(2) The Council of Ministers shall ensure the public order and national security and
shall exercise overall guidance over the state administration and the Armed Forces.
(3) (new, SG 18/05) The Council of Ministers shall inform the National Assembly on
issues concerning the obligations of the Republic of Bulgaria resulting from its
membership in the European Union.
(4) (new, SG 18/05) When participating in the drafting and adoption of European
Union instruments, the Council of Ministers shall inform the National Assembly in
advance, and shall give detailed account for its actions.

Art. 106.
The Council of Ministers shall manage the implementation of the state budget;
organize the management of the state’s assets; conclude, confirm or denounce
international treaties when authorized to do so by law.

Art. 107.
The Council of Ministers shall rescind any illegitimate or improper act issued by a
minister.

Art. 108.
(1) The Council of Ministers shall consist of a Prime Minister, Deputy Prime Ministers
and ministers.
(2) The Prime Minister shall head, coordinate and bear responsibility for the overall
policy of the government. He shall appoint and remove the deputy ministers.
(3) Each member of the Council of Ministers shall head a ministry, except when the
National Assembly resolves other-wise. Each minister shall account for his own
activity.

Art. 109.
The members of the Council of Ministers shall swear before the National Assembly an
oath envisaged in Art. 76 para 2.

Art. 110.
Eligible for election to the Council of Ministers shall be any Bulgarian citizen qualified
to be elected to the National Assembly.

Art. 111.
(1) The authority of the Council of Ministers shall expire upon any of the following
occurrences:
1. a vote of no confidence in the Council of Ministers or the Prime Minister;
2. the resignation of the Council of Ministers or the Prime Minister;
3. death of the Prime Minister.
(2) The Council of Ministers shall hand in its resignation before the newly elected
National Assembly.
(3) Should any of the above occur, the Council of Ministers shall continue to act until
the election of a new Council of Ministers.

Art. 112.
(1) The Council of Ministers shall be free to ask the National Assembly's vote of
confidence in its overall policy, its programme declaration, or on a specific issue. A
resolution shall require a majority of more than half of the votes of the National
Assembly Members present.
(2) Should the Council of Ministers fail to receive the requested vote of confidence,
the Prime Minister shall hand in the government's resignation.

Art. 113.
(1) A member of the Council of Ministers shall not hold a post or engage in any
activity incompatible with the status of a Member of the National Assembly.
(2) The National Assembly shall be free to determine any other post or activity which
a member of the Council of Ministers shall not hold or engage in.

Art. 114.
Pursuant to and in implementation of the laws, the Council of Ministers shall adopt
decrees, ordinances and resolutions. The Council of Ministers shall drafts rules and
regulations by decree.

Art. 115.
The ministers shall issue rules, regulations, instructions and orders.

Art. 116.
(1) State employees shall be the executors of the nation's will and interests. In the
performance of their duty they shall be guided solely by the law and shall be
politically neutral.
(2) The conditions for the appointment and removal of state employees and the
conditions on which they shall be free to belong to political parties and trade unions,
as well as to exercise their right to strike shall be established by law.


                                      Chapter six
                                    THE JUDICIARY


Art. 117.
(1) The judiciary shall protect the rights and legitimate interests of all citizens, legal
entities and the State.
(2) The judiciary shall be independent. In the performance of their functions, all
judges, court assessors, prosecutors and investigating magistrates shall be
subservient only to the law.
(3) The judiciary shall have an independent budget.

Art. 118.
All judicial power shall be exercised in the name of the people.

Art. 119.
(1) Justice shall be administered by the Supreme Court of Cassation, the Supreme
Administrative Court, courts of appeal, regional courts, courts-martial and district
courts.
(2) Specialized courts may be set up by virtue of law.
(3) There shall be no extraordinary courts.

Art. 120.
(1) The courts shall supervise the legality of the acts and actions of the
administrative bodies.
(2) Citizens and legal entities shall be free to challange any administrative act which
affects them, except those listed expressly by the laws.
Art. 121.
(1) The courts shall ensure equality and equal opportunities for all the parties in the
judicial trail to present their case.
(2) Judicial proceedings shall ensure the establishment of truth.
(3) All courts shall conduct their hearings in public, unless provided otherwise by
law.
(4) All court rulings shall be motivated.

Art. 122.
(1) Citizens and legal entities shall have the right to legal counsel at all stages of a
trial.
(2) The procedure by which the right to legal counsel shall be practiced shall be
established by law.

Art. 123.
Court assessors shall participate in the trial process in certain cases established by
law.

Art. 124.
The Supreme Court of Cassation shall exercise supreme judicial oversight as to the
precise and equal application of the law by all courts.

Art. 125.
(1) The Supreme Administrative Court shall exercise supreme judicial oversight as to
the precise and equal application of the law in administrative justice.
(2) The Supreme Administrative Court shall rule on all challenges to the legality of
acts of the Council of Ministers and the ministers, and any other acts envisaged by
the law.

Art. 126.
(1) The structure of the prosecution office shall correspond to that of the courts.
(2) The Prosecutor General shall oversee the legality and provide methodological
guidance to all other prosecutors.

Art. 127.
The prosecution office shall ensure that legality is observed:
1. (new, SG 27/06) by leading the investigation and supervising the legality thereof;
2. (new, SG 27/06) may conduct investigation;
3. (prev. item 1 SG 27/06) by bringing charges against criminal suspects and
supporting the charges in indictable cases;
4. (prev. item 2 SG 27/06) by overseeing the enforcement of penalties and other
measures of compulsion; 5. (prev. item 3 SG 27/06) by acting for the rescission of
all inlawful acts;
6. (prev. item 4 SG 27/06) by taking part in civil and administrative suits whenever
required to do so by law.

Art. 128.
(amend., SG 27/06) The investigating magistracy shall be within the system of the
judiciary. They shall conduct investigation of criminal cases where it is prescribed by
the law.

Art. 129.
(1) Judges, prosecutors and investigating magistrates shall be appointed, promoted,
demoted, transferred and removed from office by the Supreme Judicial Council.
(2) The Chairman of the Supreme Court of Cassation, the Chairman of the Supreme
Administrative Court and the Prosecutor General shall be appointed and removed by
the President of the Republic upon a proposal from the Supreme Judicial Council for
a period of seven years, and shall not be eligible for a second term in office. The
President shall not deny an appointment or removal upon a repeated proposal.
(3) (amend., SG 85/03) Having completed a five year term of office as a judge,
prosecutor or investigating magistrate, and upon attestation, followed by a decision
of the Supreme Judicial Council, the judges, prosecutors and investigating
magistrates shall become irremovable. They, including the persons referred to in
para 2, shall be removed from office only upon:
1. completion of 65 years of age;
2. resignation;
3. entry into force of a final sentence imposing imprisonment for an intentional
criminal offence;
4. permanent de facto inability to perform their duties for more than a year;
5. serious infringement or systematic neglect of their official duties, as well as
actions undermining the prestige of the Judiciary.
(4) (new, SG 85/03, declared unconstitutional by Constitutional Court Judgment No.
7/2006 - SG 78/ 2006)

In the cases under para 3, item 5, the Chairman of the Supreme Court of Cassation,
the Chairman of the Supreme Administrative Court and the Prosecutor General shall
be removed from office by the President of the Republic, also upon proposal of one-
fourth of the Members of the National Assembly, adopted by a two-thirds majority of
the Members of the National Assembly. The President shall not deny the removal
upon a repeated proposal.

(5) (new, SG 85/03, prev. para 4 SG 27/06) In cases of removal from office under
para 3, items 2 and 4, the acquired irremovably shall be restored upon subsequent
appointment to the office of a judge, prosecutor or investigating magistrate.
(6) (new, SG 85/03, in force from January 1, 2004, prev. para 5 SG 27/06)) The
heads of the judicial bodies, except for those referred to in para 2, shall be appointed
for a period of 5 years and are eligible for a second mandate.

Art. 130.
(1) The Supreme Judicial Council shall consist of 25 members. Sitting on it ex officio
shall be the Chairman of the Supreme Court of Cassation, the Chairman of the
Supreme Administrative Court and the Prosecutor General.
(2) Eligible for election to the Supreme Judicial Council besides its ex officio
members shall be practising lawyers of high professional and moral integrity with at
least 15 years of professional experience.
(3) Eleven of the members of the Supreme Judicial Council shall be elected by the
National Assembly, and eleven shall be elected by the bodies of the judiciary.
(4) The elected members of the Supreme Judicial Council shall serve terms of five
years. They shall not be eligible for immediate re-election.
(5) The meetings of the Supreme Judicial Council shall be chaired by the Minister of
Justice, who shall not be entitled to a vote.
(6) (new-SG 12/07)The Supreme Judicial Council shall:
1. appoint, promote, transfer and remove from office judges, prosecutors and
investigating magistrates;
2. impose the disciplinary sanctions "demotion" and "removal from office" to judges,
prosecutors and investigating magistrates;
3. organise the qualification of judges, prosecutors and investigating magistrates;
4. adopt the draft budget of the judiciary;
5. determine the scope and the structure of the annual reports referred to in Article
84, point 16.
(7) (New-SG 12/07)The Supreme Judicial Council shall hold a hearing and pass the
annual reports of the Supreme Court of Cassation, the Supreme Administrative Court
and the Prosecutor General on the application of the law and on the activity of the
courts, the prosecution office and the investigating bodies and shall submit them to
the National Assembly.
(8) (New-SG 12/07)The mandate of an elected member of the Supreme Judicial
Council shall expire upon any of the following occurrences:
1. resignation;
2. final judicial act for a committed crime;
3. permanent de facto inability to perform his/her duties for more than one year;
4. disciplinary removal from office or deprival from the right to pursue legal
profession or activity.
(9) (New-SG 12/07)In case of termination of the mandate of an elected member of
the Supreme Judicial Council, a new member from the same quota shall be elected,
who shall hold the office until the expiry of the mandate.

Art. 130a.
(new, SG 27/06) The Minister of Justice:
1. shall propose a draft budget of the judiciary and submit it to the Supreme Judicial
Council for consideration;
2. shall manage the property of the judiciary;
3. may make proposals for appointment, promotion, demotion, transfer and removal
form office of judges, prosecutors and investigators;
4. shall participate in the organization of the training of judges, prosecutors and
investigators;
5. (revoked-SG 12/07).

Art. 131.
(Amend.-SG 85/03, amend.-SG 12/07) Any resolution of the Supreme Judicial
Council to appoint, promote, demote, transfer or remove a judge, prosecutor or
investigating magistrate, as well as the proposals under Art. 129, para 2, shall be
passed by a secret ballot.

Art. 132.
(amend., SG 85/03) (1) When exercising the judicial function, the judges,
prosecutors and investigating magistrates shall bear no civil or criminal liability for
their official actions or for the acts rendered by them, except where the act
performed constitutes an indictable intentional offence.
(2) (Revoked - SG 12/07).
(3) (Revoked - SG 12/07).
(4) (Revoked - SG 12/07).

Art. 132a. (New-SG 12/07)
(1) An Inspectorate shall be established to the Supreme Judicial Council, which shall
be composed of a chief inspector and ten inspectors.
(2) The chief inspector shall be elected by the National Assembly by a majority of
two-thirds of the Members for a term of five years.
(3) The inspectors shall be elected by the National Assembly for a term of four years
pursuant to the procedure laid down in paragraph 2.
(4) The chief inspector and the inspectors may be re-elected, however not for two
consecutive mandates.
(5) The budget of the Inspectorate shall be adopted by the National Assembly within
the frames of the budget of the judiciary.
(6) The Inspectorate shall inspect the activity of the judiciary bodies without
affecting the independence of judges, court assessors, prosecutors and investigating
magistrates while performing their duties. The chief inspector and the inspectors
shall be independent and shall obey only the law while performing their duties.
(7) The Inspectorate shall act ex officio, on an initiative by the citizens, legal entities
or state bodies, including judges, prosecutors and investigating magistrates.
(8) The Inspectorate shall submit an annual report on its activity to the Supreme
Judicial Council.
(9) The Inspectorate shall send signals, proposals and reports to other state bodies,
including the competent judiciary bodies. The Inspectorate shall provide public
information about its activity.
(10) The conditions and procedure applicable to election and removal from office of
the chief inspector and the inspectors, as well as the organisation and the activity of
the Inspectorate shall be established by law.

Art. 133.
The organization and the activity of the Supreme Judicial Council, of the courts, the
prosecution office and the investigating magistracy, the status of the judges,
prosecutors and investigating magistrates, the conditions and the procedure for the
appointment and removal from office of judges, court assessors, prosecutors and
investigating magistrates and the materialization of their liability shall be established
by law.

Art. 134.
(1) The bar shall be free, independent and autonomous. It shall assist citizens and
legal entities in the defence of their rights and legitimate interests.
(2) The organization and manner of activity of the bar shall be established by law.


                                 Chapter seven
                            LOCAL SELF-GOVERNMENT
                           AND LOCAL ADMINISTRATION


Art. 135.
(1) The territory of the Republic of Bulgaria shall be divided into municipalities and
regions. The territorial division and the prerogatives of the capital city and the other
major cities shall be established by law.
(2) Other administrative territorial units and bodies of self-government shall be
establishable by law.

Art. 136.
(1) A municipality shall be the basic administrative territorial unit at the level of
which self-government shall be practiced. Citizens shall participate in the
government of the municipality both through their elected bodies of local self-
government and directly, through a referendum or a general meeting of the
populace.
(2) The borders of a municipality shall be established following a referendum of the
populace.
(3) A municipality shall be a legal entity.

Art. 137.
(1) Municipalities shall be free to associate in the solution of common matters.
(2) The law shall establish conditions conducive to association among municipalities.

Art. 138.
The body of local self-government within a municipality shall be a municipal council
elected directly by the populace for a term of four years by a procedure envisaged by
the law.

Art. 139.
(1) The mayor shall be the executive power within a municipality. He shall be elected
for a term of four years by the populace or by the municipal council in a manner
established by law.
(2) In his activity a mayor shall be guided by the law, the acts of the municipal
council and the decisions of the populace.

Art. 140.
A municipality shall be entitled to own municipal property, which it shall use to the
interest of the territorial community.

Art. 141.
(1) A municipality shall have its own budget.
(2) A municipality’s permanent sources of revenue shall be established by law.
(3) (New-SG 12/07)The municipal council shall determine the size of local taxes
under conditions, by a procedure and within the frames, established by law.
(4) (New-SG 12/07) The municipal council shall determine the size of local charges
by a procedure, established by law.
(5) (Former para 3- SG 12/07) The State shall ensure the normal work of the
municipalities through budget appropriations and other means.

Art. 142.
The region shall be an administrative territorial unit for the conduct of a regional
policy, the implementation of state governance on a local level, and the ensuring the
concurrance of national and local interests.

Art. 143.
(1) Each region shall be governed by a regional governor aided by a regional
administration.
(2) A regional governor shall be appointed by the Council of Ministers.
(3) The regional governor shall ensure the implementation of the State's policy, the
safeguarding of the national interests, law and public order, and shall exercise
administrative control.

Art. 144.
The central bodies of State and their territorial sub-divisions shall exercise control
over the legality of the acts of the bodies of local government only when authorized
to do so by law.

Art. 145.
A municipal council shall be free to challenge before a court any act which infringes
its rights.

Art. 146.
The organization and the procedures of the bodies of local self-government and local
administration shall be established by law.


                                 Chapter eight
                             CONSTITUTIONAL COURT


Art. 147.
(1) The Constitutional Court shall consist of 12 judges, one-third of whom shall be
elected by the National Assembly, one-third shall be appointed by the President, and
one-third shall be elected by a joint meeting of the judges of the Supreme Court of
Cassation and the Supreme Administrative Court.
(2) The judges of the Constitutional Court shall be elected or appointed for a period
of nine years and shall not be eligible for re-election or
re-appointment. The make-up of the Constitutional Court shall be renewed every
three years from each quota, in a rotation order established by law.
(3) The judges of the Constitutional Court shall be lawyers of high professional and
moral integrity and with at least fifteen years of professional experience.
(4) The judges of the Constitutional Court shall elect by secret ballot a Chairman of
the Court for a period of three years.
(5) The status of a judge of the Constitutional Court shall be incompatible with a
representative mandate, or any state or public post, or membership in a political
party or trade union, or with the practicing of a free, commercial, or any other paid
occupation.
(6) A judge of the Constitutional Court shall enjoy the same immunity as a Member
of the National Assembly.

Art. 148.
(1) The mandate of a judge of the Constitutional Court shall expire upon any of the
following occurrences:
1. the expiry of the term of office;
2. resignation submitted before the Constitutional Court;
3. entry into force of a final sentence imposing imprisonment for an intentional
criminal offence;
4. permanent de facto inability to perform his duties for more than a year;
5. incompatibility with an office or activity referred to in Art. 147 para 5.
6. death.
(2) The Constitutional Court shall lift the immunity of a judge or establish his de
facto inability to perform his duties by a secret ballot requiring a majority of at least
two-thirds of the votes of all justices.
(3) Where the mandate of a Constitutional judge is terminated, a new judge from the
same quota shall be appointed or elected within one month.

Art. 149.
(1) The Constitutional Court shall:
1. provide binding interpretations of the Constitution;
2. rule on constitutionality of the laws and other acts passed by the National
Assembly and the acts of the President;
3. rule on competence suits between the National Assembly, the President and the
Council of Ministers, and between the bodies of local self-government and the central
executive branch of government;
4. rule on the compatibility between the Constitution and the international treaties
concluded by the Republic of Bulgaria prior to their ratification, and on the
compatibility of domestic laws with the universally recognized norms of international
law and the international treaties to which Bulgaria is a party;
5. rule on challenges to the constitutionality of political parties and associations;
6. rule on challenges to the legality of the election of the President and Vice
President;
7. rule on challenges to the legality of an election of a Member of the National
Assembly;
8. rule on impeachments by the National Assembly against the President or the Vice
President.
(2) No authority of the Constitutional Court shall be vested or suspended by law.

Art. 150.
(1) The Constitutional Court shall act on an initiative from not fewer than one-fifth of
all Members of the National Assembly, the President, the Council of Ministers, the
Supreme Court of Cassation, the Supreme Administrative Court or the Prosecutor
General. A challenge to competence pursuant to para 1 item 3 of the preceding
Article may further be filed by a municipal council.
(2) Should it find a discrepancy between law and the Constitution, the Supreme
Court of Cassation or the Supreme Administrative Court shall suspend the
proceedings on a case and shall refer the matter to the Constitutional Court.
(3) (new, SG 27/06) The Ombudsman may approach the Constitutional Court with a
request for declaring as unconstitutional a law which infringes human rights and
freedoms.

Art. 151.
(1) A ruling of the Constitutional Court shall require a majority of more than half of
the votes of all judges.
(2) Rulings of the Constitutional Court shall be promulgated in State Gazette within
15 days from the date on which they are issued. A ruling shall come into force three
days after its promulgation. Any act found to be unconstitutional shall cease to apply
as of the date on which the ruling shall come into force.
(3) Any portion of a law which is not ruled unconstitutional shall remain in force.

Art. 152.
The organization and the manner of proceeding of the Constitutional Court shall be
established by law.


                                Chapter nine
                      AMENDMENTS TO THE CONSTITUTION
                      ADOPTION OF A NEW CONSTITUTION


Art. 153.
The National Assembly shall be free to amend all provisions of the Constitution
except those within the prerogatives of the Grand National Assembly.

Art. 154.
(1) The initiative to introduce a constitutional amendment bill shall belong to one
quarter of the Members of the National Assembly and to the President.
(2) An amendment bill shall be debated by the National Assembly not earlier than
one month and not later than three months from the date on which it is introduced.

Art. 155.
(1) A constitutional amendment shall require a majority of three quarters of the
votes of all Members of the National Assembly in three ballots on three different
days.
(2) A bill which has received less than three quarters but more than two-thirds of the
votes of all Members shall be eligible for reintroduction after not fewer than two
months and not more than five months. To be passed at this new reading, the bill
shall require a majority of two-thirds of the votes of all Members.

Art. 156.
An amendment to the Constitution shall be signed and promulgated in State Gazette
by the Chairperson of the Grand National Assembly within seven days of being
passed.

Art. 157.
A Grand National Assembly shall consist of 400 Members elected according to the
election law in force.

Art. 158.
A Grand National Assembly shall:
1. adopt a new Constitution;
2. resolve on any changes in the territory of the Republic of Bulgaria and ratify any
international treaty envisaging such a change.
3. resolve on any changes in the form of State structure or form of government;
4. resolve on any amendment to Art. 5 paras 2 and 4 and Art. 57 paras 1 and 3 of
this Constitution;
5. resolve on any amendment to Chapter nine of the Constitution.

Art. 159.
(1) Only the President or at least half of the Members of the Grand National
Assembly have the right to introduce an amendment bill pursuant to the preceding
Article.
(2) The draft of a new constitution or a proposed amendment to the existing
Constitution, and any bill to introduce a change in the territory of the country
pursuant to Art. 158 shall be debated by the National Assembly not earlier than two
months and not later than five months from the date on which it is introduced.

Art. 160.
(1) A resolution by the National Assembly announcing elections for a Grand National
Assembly shall require a majority of two-thirds of the votes of all Members.
(2) The President shall schedule the elections for a Grand National Assembly within
three months of the National Assembly's resolution being passed.
(3) The mandate of the National Assembly shall expire with the holding of the
elections for a Grand National Assembly.

Art. 161.
To pass a bill, the Grand National Assembly shall require a majority of two-thirds of
the votes of all Members, in three ballots on three different days.
Art. 162.
(1) A Grand National Assembly shall resolve only on the constitutional amendment
bills for which it has been elected.
(2) In an emergency, a Grand National Assembly shall further perform the functions
of a National Assembly.
(3) The prerogatives of a Grand National Assembly shall expire after it resolves on all
matters for which it has been elected. The President shall then schedule elections by
a procedure established by law.

Art. 163.
An Act of the Grand National Assembly shall be signed and promulgated in State
Gazette by the Assembly’s Chairperson within seven days of it being passed.


                                Chapter ten
                 COAT OF ARMS, SEAL, FLAG, ANTHEM, CAPITAL


Art. 164.
The coat of arms of the Republic of Bulgaria shall depict a gold lion rampant on a
dark gules shield.

Art. 165.
The state seal shall depict the coat of arms of the Republic of Bulgaria.

Art. 166.
The flag of the Republic of Bulgaria shall be a tricolor: white, green, and red from
top, placed horizontally.

Art. 167.
The rules for the placing of the state seal and the raising of the national flag shall be
established by law.

Art. 168.
The National Anthem of the Republic of Bulgaria shall be the song "Mila Rodino".

Art. 169.
The Republic of Bulgaria shall have for its capital the City of Sofia.


                TRANSITIONAL AND CONCLUDING PROVISIONS


§ 1.
(1) The Grand National Assembly shall dissolve itself after the adoption of the
Constitution.
(2) The Grand National Assembly shall continue to function as a National Assembly
until the election of a new National Assembly. Within this term, it shall pass bills for
the election of a new National Assembly, a President, bodies of local self-
government, and other bills. The Constitutional Court and the Supreme Judicial
Council shall be established within the same term.
(3) The Members of the National Assembly, the President, the Vice President and the
members of the Council of Ministers shall swear the oath established by this
Constitution at the first session of the National Assembly following the coming into
force of this Constitution.

§ 2.
Pending the election of a Supreme Court of Cassation and a Supreme Administrative
Court, their prerogatives pursuant to Art. 130 para 3 and Art. 147 para 1 of the
Constitution shall be exercised by the Supreme Court of the Republic of Bulgaria.

§ 3.
(1) The provisions of the existing laws shall be applicable on condition that they do
not contravene the Constitution.
(2) Within a year from this Constitution's coming into force, the National Assembly
shall rescind those provisions of the existing laws which have not been rescinded by
virtue of the direct force of the Constitution pursuant to its Art. 5 para 2.
(3) The laws required expressly by this Constitution shall be passed by the National
Assembly within three years.

§ 4.
The organization of the judiciary established by the Constitution shall come into force
following the passing of the new structural and procedural laws within the term
established by para 2 of § 3.

§ 5.
Judges, prosecutors and investigating magistrates shall become irremovable if within
three months of its formation the Supreme Judicial Council does not rule that they
lack the necessary professional merits.

§ 6.
Pending the passing of new legislation concerning Bulgarian National Television,
Bulgarian National Radio and the Bulgarian News Agency, the National Assembly
shall practise the prerogatives vested in the Grand National Assembly with respect to
these national institutions.

§ 7.
(1) Elections for a National Assembly and bodies of local self-government shall be
held within three months of the self-dissolution of the Grand National Assembly. The
date of the elections shall be scheduled by the President in accordance with his
prerogatives pursuant to Art. 98 item 1 of the Constitution.
(2) The elections for a President and a Vice President shall be held within three
months after the elections for a National Assembly.
(3) Pending the election of a President and a Vice President, their functions
established by this Constitution shall be performed by the Chairman (President) and
the Vice Chairman (Vice President).

§ 8.
The government shall continue to perform its functions pursuant to this Constitution
until the formation of a new government.

§ 9.
This Constitution shall enter into force on the day on which it is promulgated in State
Gazette by the Chairperson of the Grand National Assembly, and shall supersede the
Constitution of the Republic of Bulgaria adopted on May 18th, 1971 (Promulgated in
State Gazette No 39/1971; amended in SG Nos. 6/1990, 29/1990, 87/1990,
94/1990, 98/1990, corrected in SG No. 98/1990).


         TRANSITIONAL AND CONCLUDING PROVISIONS(SG 85/03)


§ 4.
(1) Within three months of the entry into force of the Law amending and
supplementing the Constitution of the Republic of Bulgaria, the National Assembly
shall pass the laws connected with the implementation of these amendments and
supplements.
(2) Within three months of the entry into force of § 1, item 3, the Supreme Judicial
Council shall appoint the heads of the judicial bodies.

§ 5.
The heads of the judicial bodies who, until the entry into force of this Law, have
occupied the respective administrative position for more than 5 years, may be
appointed to the same position for only one more mandate.

§ 6.
The judges, prosecutors and investigating magistrates who by the time of entry into
force of this Law have not completed the 3-year term of office on the respective
position, shall become irremovable under the terms of § 1, item 1, of this Law.

§ 7.
§ 1, item 3, shall enter into force as of 1 January 2004.

                          FINAL PROVISION(SG 18/05)


§ 7.
§ 2 shall enter into force as of the date of entry into force of the Treaty concerning
the Accession of the Republic of Bulgaria to the European Union and shall not apply
to international treaties found.

                         FINAL PROVISIONS (SG 12/07)


§ 12.
The National Assembly shall pass the laws referring to the application of these
amendments and supplements, within one year following the entry into force of the
Law Amending and Supplementing the Constitution of the Republic of Bulgaria.

§ 13.
Paragraphs 1 and 2 shall enter into force from 1 January 2008.

				
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